City of Las Vegas v. Eighth Judicial District CourtAnnotate this Case
The Supreme Court granted the petition for a writ of mandamus filed by Petitioner, the City of Las Vegas challenging an appellate court’s review of unpreserved trial error, holding that the district court, acting in its appellate capacity, considered an unpreserved claim but ignored the clear record and speculated as to facts that could demonstrate error.
After the municipal court found Steven Kamide guilty of domestic battery and simple battery, Kamide appealed, alleging for the first time a violation of the witness exclusion rule, Nev. Rev. Stat. 50.155(1). The district court found that the rule had been violated and concluded that prejudice had to be presumed because the record did not clearly show the absence of prejudice. The Supreme Court reversed the district court’s reversal of Kamide’s convictions, holding that the district court arbitrarily and capriciously exercised its discretion under the plain error rule to consider an issue that was not preserved for appeal.